Another Tough Amendment to the Constitution of Switzerland

Swiss voters have passed today a new amendment to the constitution covering paedophile crimes. Following the tough approach adopted already in 2004, they passed the amendment against the wish of government and parliament.

Switzerland is a beautiful country, especially if you believe in true democracy. If voters are not satisfied with laws being passed through parliament, they can intervene and get a vote on it. If voters think that parliament and government are too slow or not doing enough, they may put up their own law and call for a vote on it. Or they go for an amendment in the constitution. It isn’t often that voters intervene actively and propose an amendment to the constitution or a new law, but this isn’t the first time either.

In 2003, a group of parents presented an amendment to the constitution that would allow authorities to incarcerate for life any individual found guilty of sexual crimes. Under certain conditions, e.g. murder in conjunction with a sexual crime, high probability of a repeat offence, or refusal to admit guilt, courts may hand out life sentences. These life sentences are not open to later reviews, revisions, or acts of mercy.

After presenting it, the group of parents had nine months to collect 100,000 signatures from voters who approved to vote on it. They managed this easily, and therefore the amendment went on popular vote in 2004. Government and parliament spent months talking against it, but still the voters passed it into effect with a comfortable 58 per cent majority of votes.

In 2006, a group of parents presented an amendment which would allow prosecuting paedophile crimes irrespectively of lapsed time. The 100,000 signatures were duly collected within the limitation of nine months, and government and parliament started talking against this new amendment at the same time. But unlike any other country, voters in Switzerland cannot be ignored.

Yesterday, the tally showed 52 per cent of Swiss voters for the tough approach. This will mean that all offenders into paedophile crimes face a lifetime of uncertainty as they could be apprehended any time in the future and have no way to evade prosecution. One should hope that more countries will adopt stringent legislation against all paedophile crimes and their committers.

As Switzerland is prosecuting crimes worldwide, this will mean that paedophiles of all nationalities accused anywhere in the world can be prosecuted the moment they touch Swiss ground.

The amendment encompasses all crimes against children, not only sexual abuse but any kind of abuse.

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Comments (13)
#1 by  s hayes
Dec 1, 2008
I am with you - I wish all nations would get tougher!
Good article
#2 by  Lucas Dié
Dec 1, 2008
It would help, wouldn't it?

The Swiss Minister for Justice, Evelyne Widmer-Schlumpf has declared that the amendment is valid as of 30th of November and will be applied to all crimes comitted on or after that date.
#3 by  Patrick Bernauw
Dec 1, 2008
Good article!
#4 by  Johaubannah
Dec 1, 2008
It's awesome.
#5 by  Inna Tysoe
Dec 1, 2008
We got tough on crime a while back as well--and now we're out of prison space and all other facilities for the inmates. Do the Swiss have the resources to incarcerate and house in a humane manner the projected number of new prisoners? Because, based on our experience, that projected number will be swiftly exceeded and then you wind up with lawsuits, a bankrupt system and (if you're not careful) a bankrupt Switzerland.

Obviously, the thing to do at that point would be to reverse the law. We tried that here too. Trouble is, you would nee politicians to say that no, actually we can't afford to be this rough on crime...

Regards,

Inna
#6 by  Jasin
Dec 2, 2008
Great article.
#7 by  Lucas Dié
Dec 2, 2008
Thanks all.

Yes Inna, Switzerland has the resources and is already in the middle of building new places to get out of recession (but that was lucky, not planned) - also, there is ample prison space in Switzerland as 'nugatory' sentences are converted to 'daily cash sentences' = your income is assessed and upon it you have to pay for every day you would spend in prison (like a banking executive found guilty of speeding with 130 miles instead of the allowed 80 had to pay $30,000; an unlearned laborer with a similar sentence only 1,500). Unemployed may 'earn' the money with social work.
#8 by  Ruby Hawk
Dec 2, 2008
I would certainly vote for that law here. It's a wonderful idea. I would like to see all child molesters off the street but again where would we keep them all? It's a tough problem.
#9 by  eddiego65
Dec 3, 2008
Great article!
#10 by  Lucas Dié
Dec 3, 2008
Thank you both.

Yes, Ruby, doesn't it always come to that thanks to politians who are neither gifted not foresighted?
#11 by  PsychoButterfly
Dec 14, 2008
nice article!!!
#12 by  Lucas Dié
Dec 21, 2008
Thanks
#13 by Saga Heng
Dec 23, 2008
Amazing... I never knew before that Swiss voters could actually intervene and create laws by themselves...

Takes democracy to a whole new level, huh?
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